In the recent case of Amaryllis v McLeod & Ors UKEAT/0273/15/RN, the Employment Appeal Tribunal (EAT) held that:-
- The role of the workers concerned must be considered in relation to the point immediately prior to the service provision change, and not at any point prior to that
- To meet the requirements of Regulation 3(3)(a)(i), at the point immediately prior to the service provision change, the organised group of workers principal purpose must be to carry out the relevant activities for the client in question
In this particular case, the Judge at first instance held that there was a TUPE transfer. However, the EAT allowed the appeal on the basis that the Judge at first instance wrongly assessed the role of the workers on a historical basis (as opposed to the point immediately prior to the transfer), and had failed to recognise that the work carried out for the client in question (in this case, the MOD) was not their principal purpose as an organised grouping.
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